UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
GARRY JERMAINE PURVIS,
Defendant-Appellant.

No. 01-7775

Appeal from the United States District Court

for the District of South Carolina, at Florence.
Cameron McGowan Currie, District Judge.
(CR-99-164)
Submitted: December 11, 2001
Decided: February 25, 2002
Before NIEMEYER and MOTZ, Circuit Judges, and
HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

COUNSEL
Garry Jermaine Purvis, Appellant Pro Se. William Earl Day, II, Assistant United States Attorney, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

UNITED STATES v. PURVIS

OPINION
PER CURIAM:
Garry Jermaine Purvis appeals from an order of the district court
denying his motion to compel the government to file a motion for a
downward departure under U.S. Sentencing Guidelines Manual
5K1.1, p.s. (2000). Purvis was sentenced in September 1999. His
pro se motion to compel a 5K1.1 motion was filed in August 2001,
after the governments time to file either a 5K1.1 motion or a
motion to reduce Purvis sentence under Rule 35(b) of the Federal
Rules of Criminal Procedure had expired. Moreover, our review of
the record reveals that Purvis sought to compel a 5K1.1 motion at
sentencing and the government explained that his assistance had not
been substantial. Purvis plea agreement did not obligate the government to request a departure unless it deemed his assistance to be substantial, and Purvis has made no showing that the governments
refusal to move for a departure was based on an unconstitutional
motive or unrelated to a legitimate government purpose. See Wade v.
United States, 504 U.S. 181, 186 (1992).
We therefore affirm the district courts order. We dispense with
oral argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
AFFIRMED